THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No2315 OF 2025

ORDER:

This writ petition is filed seeking the following relief:

“ ... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in refusing to renew the passport to the petitioner vide notice File No.HY2076905525124 Legal Section dated 30.09.2024 and 03.10.2024 pursuant to the Passport application submitted by the petitioner vide file No.HY20769 05525124 Application Reference No.241010135473, dated 04.09.2024 on the ground that a criminal case vide C.C.No.275 of 2023 Filing No.326 of 2023 in Cr.No.74 of 2023 on the file of the Police P.S. Sadashivnagar, Kamareddy District on the file of the Honble Additional Junior Civil Judge- cum-Special Judicial First Class Magistrate Mobile at Kamareddy is pending against him as illegal, arbitrary, abuse of process of law, violation of principles of natural justice and against rules and set aside the notice File No.HY207690 5525124 Legal Section dated 30.09.2024 and 03.10.2024 and consequently direct the 2nd respondent to issue/renew the passport to the petitioner by considering the passport application submitted by him vide file No.HY2076905525124 Application Reference No.241010135473, dated 04.09.2024 without reference to the pendency of the criminal case in the interest of justice.”

2. Heard Sri S.Surender Reddy, learned counsel for the petitioner and Smt.T.Suhasini, learned Standing Counsel for respondents.

3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission.

4. After hearing learned counsel appearing for the petitioner as well as the respondents, it appears that the issue was considered by 2 Co-ordinate Benches in W.P.Nos.8697 of 2023 and 22218 of 2024. Both the learned Single Judges referred the Hon’ble Supreme Court Judgment in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation, 2020 Crl.L.J.(SC) 572 and came to the finding that mere pendency of criminal case cannot be a ground to decline the renewal/reissue of passport provided that the petitioner is ready for renewal/reissue of passport. In this case the petitioner is also ready to cooperate with the Trial Court in concluding the trial and he is also willing to cooperate with the pending proceedings. In Vangala Kasturi Rangacharyulu (supra), the Hon’ble Supreme Court held that the Passport Authority cannot refuse the release of passport on the ground of pendency of criminal proceedings and accordingly directed the Passport Authority to renew the passport of the petitioner without raising objection relating to pendency of criminal proceedings.

5. This Court is accordingly of the view that the Writ Petition can be disposed of by directing the petitioner to submit a reply to the letter dated 03.10.2024. The respondent No.2 shall

consider the reply submitted by the petitioner and take steps for renewal of the passport in due compliance of the findings of the Hon’ble Supreme Court in Vangala Kasturi Rangacharyulu (supra). The directions are as follows:

(i) The petitioner shall submit an undertaking along with an affidavit before the Additional Junior Civil Judge-cum- Special Judicial First Class Magistrate (Mobile) at Kamareddy in C.C.No.275 of 2023 stating that the he will not leave India during pendency of the C.C. without permission of the Court and he will cooperate with the Trial Court in concluding the criminal proceedings.

(ii) The Trial Court shall issue a certified copy of the undertaking and affidavit within 2 weeks from the date of filing of the undertaking.

(iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/ explanation before the concerned Passport Officer for consideration of his application for release of passport.

(iv) The Passport Authority shall consider the documents in the light of the observations made by the Courts as well as the undertaking an